The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On July 7, 2017, the Defendant guaranteed only the principal amounting to KRW 90,000,000 for insurance termination deposit around July 7, 2017. Since the Defendant was capable of paying 4% of the Defendant’s income and the principal amount, it cannot be said that the Defendant deceiving the victim and soliciting investment.

In addition, the defendant, around October 2017, notified the victim of the possibility of loss of principal, and the victim knowingly delivered the remaining investment amount (No. 2 of the list of crimes) to the defendant.

(2) The victim shall not be deemed to have delivered investment money by deceiving the defendant who has no principal loss.

Nevertheless, the judgment of the court below which convicted the Defendant of this part of the facts charged is erroneous by misapprehending the legal principles.

B. In light of the fact that the Defendant intentionally committed the instant crime without fault, the Defendant did not have any record of punishment for the same crime, and the Defendant paid an amount equivalent to KRW 240 million to the victim, etc., the penalty of the lower judgment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts and misapprehension of legal doctrine, the lower court’s judgment that found the Defendant guilty of 600 million won on the ground that it is recognized that the Defendant by deceiving the victim as stated in the instant facts charged was justifiable and did not err by misapprehending the legal doctrine.

Therefore, this part of the defendant's argument cannot be accepted.

① With respect to the developments leading up to the investment in foreign exchange transactions, the victim was recommended by the Defendant that “I will pay more than money by means of FX investments, the principal will be guaranteed, and 4% of the profits will be paid per month.” The victim was recommended by the Defendant that I will bring about profits exceeding 4% per month.